Even though the circuit court misconstrued a notice of default provision in a deed of trust as being optional rather than mandatory, there was no reversible error because the lender, in fact, provided the borrower with a notice of default. ...

Tagged with: Contract Judge Mary Grace O'Brien Virginia Court of Appeals

The trial court correctly concluded that a trust distribution belonged to the buyer of a senior care center instead of the center’s manager. Background The Temple Foundation operated The Virginian, a senior living center, under a lease with Thompson Associates, ...

Tagged with: Contract Judge Kimberley S. White Virginia Court of Appeals

Where a franchisor needed to provide notice and an opportunity to cure before it could terminate an agreement for failure to meet development goals, and no such notice was provided here, the franchisor breached the contract. Background Defendant JTH Tax ...

Tagged with: Contract Judge Raymond A. Jackson U.S. District Court - Eastern District

Where the parties’ contract required “exclusive venue in Giles County, Virginia” for disputes arising under the contract, and there is no federal court in Giles County, enforcement of the forum selection clause required remand to the circuit court. Background This ...

Tagged with: Contract Judge Michael F. Urbanski U.S. District Court - Western District

Where the Culpepper County sheriff and the Piedmont Regional Jail Authority entered a contract under which PRJA would provide housing and medical care to the sheriff’s inmates, appellant inmate is not an intended third-party beneficiary of the contract. Therefore, he ...

Tagged with: Contract Judge Clifford L. Athey Jr. Virginia Court of Appeals

Where plaintiff claims entitlement to a portion of a $3.7 million termination fee that defendant lessor received from the lessee for the lessee’s early termination of a lease, defendant is granted summary judgment because the lease does not provide for ...

Tagged with: Contract Judge David B. Carson Virginia Circuit Courts

Where the court enjoined the U.S. Army in January 2019 from cancelling a contract for food delivery services at Fort Benning because it appeared that the procurement process might have been in violation of federal law, that injunction was modified ...

Tagged with: Contract Judge Raymond A. Jackson U.S. District Court - Eastern District

The Court of Appeals of Virginia has affirmed a lower court’s ruling to enforce a contingent-fee agreement between two Virginia attorneys after they disagreed over the percentage of the contingency fee. The prevailing attorney argued the proper percentage was one-third ...

Tagged with: Contract Judge Stuart A. Raphael Virginia Court of Appeals

Where appellant lawyer engaged appellee, a lawyer who appellant supervised at the firm where they both worked, to represent him in a civil matter, the parties’ contingent-fee agreement is enforceable. Statement of the case “Appellant Stephen Moncrieffe hired appellee Adam ...

Tagged with: Contract Judge Stuart A. Raphael Virginia Court of Appeals

Where one party to a government contractor dispute moved to exclude two experts proposed by the other party, its motions were denied. The experts’ testimony was admissible, not irrelevant and not inherently unreliable. Background This case concerns a dispute between ...

Tagged with: Contract Judge Elizabeth K. Dillon U.S. District Court - Western District